Lockerbie trial 'runs out' of evidence

A new search of CIA papers will take place

The Lockerbie trial has been adjourned for three weeks after the judges were told no more evidence could be heard until the issue of CIA documents is resolved.

The CIA is to be asked by the Crown to search for more classified documents relating to dealings with key Crown witness, Abdul Majid Giaka, a former Libyan spy.

He is not expected to appear until 26 September and the defence wants the telegrams before he takes the stand.

If the Crown has no evidence to put before us then the court can't sit, it's as simple as that

Lord Sutherland

The Crown had hoped to lead other evidence from witness Vincent Vassallo relating to the recovery of a diary belonging to the second accused, Al Amin Khalifa Fhimah, next week.

But defence counsel Richard Keen QC, for Fhimah, told the judges on Thursday it would be inappropriate to cross-examine Mr Vassallo before the issue of the telegrams was resolved as he also has evidence relating to Giaka.

He said: "Although one would seek to compartmentalise certain aspects of evidence, certain witnesses go beyond one compartment. Mr Vassallo goes into that category.

Lord Sutherland: "Can't sit without evidence"

"His evidence does cover issues that embrace matters concerning Majid Giaka."

Mr Keen added that one of the CIA telegrams already revealed to the defence mentioned Mr Vassallo.

It was possible more information about him may emerge in further messages being sought which could have a bearing on his credibility as a witness.

Alistair Campbell QC, for the Crown, said they had considered whether splitting up Mr Vassallo's evidence might solve the problem.

Trial details

The two accused are Abdelbaset Ali Mohmed Al Megrahi, 48, and Al Amin Khalifa Fhimah, 44

Pan Am Flight 103 exploded over Lockerbie on 21 December, 1988, killing all 259 people on board and another 11 on the ground

The two men deny three charges - murder, conspiracy to murder and a breach of the 1982 Aviation Security Act

The trial is taking place in a Scottish courtroom at Camp Zeist, in the Netherlands

The case is being heard by three Scottish judges

But the court heard that Mr Vassallo, who lives in Malta, had already spent time in Holland waiting to give evidence and has said he will only return once more to do so.

The Crown has no power to compel witnesses from a foreign country to attend the trial.

Presiding judge Lord Sutherland said it was unfortunate the diary evidence could not be led next week but he understood the reluctance of both sides to do so before the issue of the telegrams was resolved.

The court heard the Crown was unable to lead further evidence before Mr Giaka appears.

Lord Sutherland said: "If the Crown has no evidence to put before us then the court can't sit, it's as simple as that.

"Therefore we have no alternative but to adjourn until September 21 when we sincerely hope the issue relating to the cables which is holding up the whole trial is resolved."